Opinion
Filed 8 October, 1952.
APPEAL by defendant from Stevens, J., at July Term, 1952, of LEE.
Attorney-General McMullan and Assistant Attorney-General Bruton for the State.
H. F. Seawell, Jr., and J. W. Hoyle for defendant, appellant.
Criminal accusation against Willie Mae Alston. At the conclusion of her testimony, given as a witness on behalf of her husband, Aaron Alston, in a case pending against him, the trial court pronounced the following judgment: "Upon Willie Mae Alston's own testimony, the Court directs a verdict of guilty of possession of 79 jars of liquor for the purpose of sale, against Willie Mae Alston and a verdict of not guilty as to Aaron Alston. Willie Mae Alston is sentenced to Woman's Prison 404 for a term of two years."
From judgment so pronounced, Willie Mae Alston appealed.
The record indicates that the judgment was pronounced and entered without warrant or indictment, or waiver thereof (G.S. 15-140), and without arraignment, plea, or the intervention of a jury. It necessarily follows, then, that the judgment is void. This is conceded by the State. The judgment will be vacated and set aside. Of course, the Solicitor may send a bill, if so advised.
Reversed.